WALLINGFORD v. ZENITH RADIO CORPORATION

No. 13749.

310 F.2d 693 (1962)

William R. WALLINGFORD, Plaintiff-Appellant, v. ZENITH RADIO CORPORATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 7, 1962.


Attorney(s) appearing for the Case

Elwyn L. Cady, Jr., Kansas City, Mo., Anthony A. DiGrazia and Di Grazia & Snyder, Summit, Ill., for appellant.

Thomas C. McConnell, Chicago, Ill., Philip J. Curtis, John Borst, Jr., Chicago, Ill., McConnell, Curtis & McConnell, Chicago, Ill., of counsel, for appellee.

Before DUFFY, CASTLE and KILEY, Circuit Judges.


DUFFY, Circuit Judge.

This is an action for libel brought by plaintiff, a citizen of the State of Kansas. Defendant's principal place of business is Chicago, Illinois. Jurisdiction is based upon diversity of citizenship. The District Court, on defendant's motion, dismissed the complaint on the ground that the writings on which plaintiff's claim is founded were not libelous per se.

Plaintiff alleged that defendant...

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